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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ456440 (ANA 0402548) ADJ7979843
Regular
Feb 03, 2014

GLENN MORASH vs. C & B TOWING AND TRANSPORT, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the applicant's Petition for Removal because the Order of Dismissal for Lack of Prosecution was a final order, making reconsideration, not removal, the appropriate remedy. The applicant's argument that the Board could set aside the dismissal under Labor Code section 5803 or equity powers under Code of Civil Procedure section 473 was rejected. The Board also admonished the applicant's attorney to file more coherent and specific petitions in the future.

Petition for RemovalOrder of DismissalLack of ProsecutionLabor Code section 5803inherent equity powerCode of Civil Procedure section 473Section 5900(a)aggrievedfinal orderreconsideration
References
0
Case No. ADJ7872785
Regular
Mar 14, 2014

CLAUDE TOLBERT vs. SUPERIOR TRANSPORT COMPANY, LLC, FIRST COMP

This case concerns a Petition for Reconsideration filed by Superior Transport Company, LLC. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the December 11, 2013 award. Despite the dismissal, the matter is returned to the trial level. The WCJ will now determine whether the stipulations can be set aside under Code of Civil Procedure section 473 or reopened under Labor Code section 5803.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedUntimelyReport and RecommendationWCJLabor Code section 5903Code of Civil Procedure section 1013StipulationsSet Aside
References
0
Case No. ADJ11350389
Regular
Sep 23, 2025

JOSE PEREZ LEDESMA, Marjorie Martinez Interpreting vs. RUIZ & SON, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinding a prior order that ruled a notice to produce was an invalid discovery mechanism. The WCAB found that California Code of Regulations, title 8, section 10642 expressly permits the use of notices to produce in workers' compensation proceedings, similar to Civil Code of Civil Procedure section 1987(b). Therefore, the defendant was ordered to produce the relevant interpreter payment and Explanation of Review documents requested by the cost petitioner. This decision emphasizes the system's intent for a simple and nontechnical path to relief, allowing authorized discovery methods.

WCABPetition for ReconsiderationNotice to ProduceSubpoenaWCJRemovalLabor CodeCode of Civil ProcedureRule 10642Explanation of Review
References
10
Case No. ADJ7560893
Regular
May 20, 2013

ABRAHAM AVILA vs. C AND Y INVESTMENT, dba GIRL TALK CLOTHING, FARMERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision concerning Abraham Avila. The WCAB noted that Avila's petition for reconsideration was not verified as required by statute, a defect that was pointed out by the WCJ but not cured by the applicant. Despite the procedural defect, the WCAB chose not to dismiss the petition and instead returned the matter to the trial level for further proceedings. This action was taken to allow the WCJ to address the issues under Code of Civil Procedure section 473.

Lucena v. Diablo Auto BodyLabor Code section 5902verification defectabuse of the workers' compensation systemCode of Civil Procedure section 473Petition for ReconsiderationReport and RecommendationWorkers' Compensation Administrative Law JudgeGrant ReconsiderationRescind Dismissal
References
3
Case No. ADJ3505091 (OXN 0144958) ADJ1732342 (OXN 0144957) ADJ6575424
Regular
Dec 22, 2014

JOSEFINA LOPEZ vs. RAMCO ENTERPRISES, REDWOOD FIRE & CASUALTY INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board denied Ramco Enterprises' petition for reconsideration of a stipulated award. Ramco sought to overturn the award based on an alleged mutual mistake in calculating the permanent disability rate, attempting to invoke Code of Civil Procedure section 473(b). However, the Board found that CCP 473(b) is not binding in workers' compensation proceedings and that even if considered, the alleged mistake did not constitute sufficient grounds to set aside the jointly prepared and approved stipulated award. The Board emphasized that a unilateral mistake or a change of mind is insufficient to rescind an award.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ reportCode of Civil Procedure section 473(b)Stipulated Awardmutual mistakejoint Stipulations with Request for Awardgood causeinadequate settlementunilateral mistake
References
5
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. BGN 63300; BGN 63301 BGN 63302; BGN 63303
Regular
Mar 06, 2008

HARDISTENE HOWARD vs. SOUTHERN CALIFORNIA, RTD; TRAVELERS

The applicant filed a "Petition the Court for Judge Dismissal" alleging a violation of Labor Code section 5312 by the Workers' Compensation Judge. The Board treated this as a petition for disqualification, but dismissed it because it lacked the required affidavit of disqualification and did not state grounds for disqualification under Code of Civil Procedure section 641.

Petition for disqualificationLabor Code section 5311Petition for removalLabor Code section 5310WCAB Rule 10452Mandatory settlement conferenceWCJWorkers' Compensation Appeals BoardUnrepresented applicantProof of service
References
0
Case No. MISSING
Regular Panel Decision

Randall v. Toll

Petitioner, a senior financial secretary at SUNY Stony Brook, was suspended without pay under Civil Service Law section 75 following charges of misappropriation. He challenged the suspension, arguing it violated his Fourteenth Amendment due process rights by denying a pre-suspension hearing. The court evaluated the constitutionality of Civil Service Law section 75(3), which permits temporary suspension without pay pending charge determination. It concluded that the state's interest did not justify postponing a hearing, especially since the petitioner had been reassigned from his sensitive role. Consequently, the court vacated the suspension and ordered the petitioner's immediate reinstatement, emphasizing the necessity of a prior hearing for public employee suspensions.

Due ProcessFourteenth AmendmentCivil Service LawPublic Employee RightsSuspension Without PayPre-Suspension HearingGovernmental InterestProperty RightsReinstatementMisconduct Charges
References
4
Case No. ADJ3140199 (RIV 0068905) ADJ966589 (RIV 0068906) ADJ3180444 (RIV 0068982)
Regular
Sep 09, 2014

JOSE L. JARA vs. IMPERIAL WESTERN PRODUCTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose L. Jara's Petition for Reconsideration. The WCAB found the petition was untimely filed, as it was submitted more than 25 days after the Findings and Award was issued on October 18, 2013. This timeframe violates Labor Code section 5903 and Code of Civil Procedure section 1013 regarding timely reconsideration filings. Consequently, the WCAB has ordered the dismissal of the petition.

Petition for ReconsiderationUntimelyDismissalWorkers' Compensation Appeals BoardFindings and AwardLabor Code Section 5903Code of Civil Procedure Section 1013Administrative Law JudgeRecord ReviewOrder
References
0
Case No. SAC 0315585
Regular
Sep 18, 2007

Bradley Dorigo vs. State of California, Subsequent Injuries Benefits Trust Fund

This case concerns the Subsequent Injuries Benefits Trust Fund's (SIF) liability for an applicant's vocational rehabilitation counselor fees. The Appeals Board affirmed a prior award requiring SIF to reimburse a portion of the vocational expert's fees, despite SIF's arguments that it was not liable for such costs. The Board cited prior writ-denied cases and relevant statutes, including Code of Civil Procedure section 1028 and Labor Code section 5708, to support its decision.

Subsequent Injuries Benefits Trust FundVocational rehabilitation expertLabor Code section 4751Compromise and releaseStipulated awardPermanent disabilityReimbursementWorkers' Compensation Appeals BoardAdministrative law judgeCode of Civil Procedure section 1028
References
3
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